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(영문) 서울남부지방법원 2019.01.29 2018가단12340
약속어음금
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 20,000,000 and those related thereto.

Reasons

1. Facts of recognition;

A. Defendant B issued each of the bills listed in the separate sheet Nos. 1 and 2, and the remaining Defendants endorsed each of the bills as shown in the separate sheet.

Each of the above bills was refused to pay at the due date.

B. The plaintiff holds each of the above bills and claims the amount of the bill of this case.

[Ground of recognition] Facts without dispute, Gap 1 and 2's statements, the purport of the whole pleadings (the defendant corporation C, D, Eul, and Eul are deemed to have been led to confession)

2. Determination

A. According to the above facts of recognition, Defendant B and C are annexed to the Plaintiff.

1. The issuer and endorser of the Promissory Notes are obligated to jointly pay 20,000,000 won and 15% interest per annum from May 29, 2018 to September 29, 2018, which is the date following the maturity of the bill of this case. The Defendants are obligated to pay 20,000,000 won per annum under the Bills of Exchange and Promissory Notes Act and to pay 15% interest per annum from the next day to the date of full payment.

2. It is obligated to pay 50,000,000 won in collaboration with the issuer and endorser of the bill and 15% interest per annum under the Bills of Exchange and Promissory Notes Act from May 16, 2018 to September 29, 2018, which is the date of the last delivery of the copy of the bill in this case, and from the following day to the date of full payment.

B. However, there is no evidence to acknowledge that each of the instant notes was issued by the Plaintiff and B for the payment of the construction cost for the construction cost for the mushroom cultivation facilities of the Plaintiff and B, but the Plaintiff could not be paid since it was not executed.

Rather, it is difficult to recognize the relationship with the instant case as a contract entered into between the Plaintiff and H Co., Ltd., with the said Defendant’s construction contract (No. 3).

3. citing the Plaintiff’s claim.

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